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2025 Supreme(Online)(Mad) 56519

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr. Justice P. Vadamalai, J
Subburaj, S/o.Karuppasamy – Appellant
Versus
The State of Tamil Nadu – Respondent
Crl OP(MD).No.13779 of 2025



Advocates:
For the Appellants/Petitioners: Mr.R.Vidhya
For the Respondents: Mr.S.Prakash

Court can relax bail conditions if the petitioner shows compliance and inability to meet specific terms due to employment.

Headnote:(A) Criminal Procedure Code, 1973 - Section 528 - Petition for relaxation of a previous court condition imposed on a petitioner regarding bail terms. - The petitioner has complied with previous conditions but seeks relaxation of daily reporting due to work commitments. - The Court accepted this reasoning, agreeing to modify the reporting condition. (Paras 3, 6, 7)

(B) Conditions of bail - Each condition must be reasonable and not hamper the petitioner's employment. The court has the authority to revise bail conditions based on compliance and necessity. (Paras 4, 6)

Facts of the case:
The petitioner was required to pay compensation and report daily to the police as conditions of bail imposed by the lower court but sought relaxation due to employment constraints. The petitioner has consistently complied with these conditions.

Findings of Court:
The court finds that the petitioner has complied with previous conditions and agrees to relax the reporting requirement due to employment considerations.

Issues: The main issue was whether the condition requiring daily reporting to the police should be relaxed due to employment constraints.

Ratio Decidendi: The court decided that bail conditions must balance the legal requirements with the practical realities of a petitioner’s life, allowing for modifications when warranted.

Result: This Criminal Original Petition is allowed.

Table of Content
1. request to relax bail condition due to work commitments. (Para 1 , 4)
2. previous conditions requiring additional compensation discussed. (Para 2 , 3)
3. court satisfied with compliance and justification for relaxation. (Para 5)

Date : 20/08/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI CRL OP(MD).No.13779 of 2025 Subburaj, S/o.Karuppasamy ... Petitioner Vs The State of Tamil Nadu, Rep by the Inspector of Police, M.Pudupatti Police Station, Virudhunagar District.

Crime No.108/2025. ... Respondent/Complainant For Petitioner : Mr.R.Vidhya Advocate.

For Respondent : Mr.S.Prakash Government Advocate (Crl.Side)

PETITION FOR RELAXATION Under Sec.528 of BNSS PRAYER :- To relax the condition imposed on the petitioner by order, dated 08.05.2025, passed in Crl.MP.No.1537 of 2025 on the file of the learned Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur.

ORDER : The Court Made the following order :-

This petition has been filed to relax the condition imposed on the petitioner in Crl.MP.No.1537 of 2025 dated 08.05.2025 on the file of the learned Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur. .

2. The learned counsel for the petitioner would submit that this petitioner has filed a bail application in Crl.MP.No.1537 of 2025 before the learned on the file of the learned Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur and the same was ordered with the following conditions:

''i. the petitioner shall pay an additional compensation as mentioned in Crl.MP.no.1536/2025 dated 08.05.2025.

ii. The petitioner shall execute a personal bond for Rs.25,000/-

with two sureties for the like sum each to the satisfaction of Judicial Magistrate No.II, Sivakasi.

iii. The petitioner/accused shall appear before the respondent P.S.

Every day at 6.00p.m. until further orders.''

3. He further submits that this petitioner has filed a modification petition before this court in Crl.O.P.(MD).No.8697 of 2025. This court allowed the modification petition by way of order dated 29.05.2025 in Crl.O.P.(MD).No.8697 of 2025 and modified the condition only about the payment of additional compensation.

The relevant portion of the said order is as follows :

''i) The petitioners each shall pay an additional compensation of Rs.2,50,000/- to the four families of the deceased victims each;

ii) the petitioners each shall pay an additional compensation of Rs.75,000/- to the one seriously injured person and iii) The petitioners each shall pay an additional compensation of Rs.50,000/- to five simple injured persons each, directly to the victim''

4. He further submits that with regard to the condition No.iii imposed against the petitioner in Crl.M.P.No.1537/2025 dated 08.05.2025, he complying the condition No.iii regularly and signed before the respondent police regularly. This petitioner is working as a foreman in the Standard Fireworks Company and he is unable to comply the condition daily, it will affect his working hours. Therefore, it is just and necessary to relax the said condition No.iii imposed on the petitioner. Hence, he prays to allow the present relaxation petition.

5. The learned Government Advocate (Crl.Side) submitted that the petitioner has complied with the condition regularly. 6. Considering the submissions made by the learned Counsel for the Petitioner and being satisfied with the reasons stated above, this Court is inclined to relax the condition No.iii alone imposed by the learned Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur in CrlM.P.No.1537 of 2025 dated 08.05.2025.

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